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HomeMy WebLinkAboutC11-205 Eagle River Water & San District INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE RIVER WATER & SANITATION DISTRICT AND THE COUNTY OF EAGLE, STATE OF COLORADO FOR MAINTENANCE SERVICES THIS INTERGOVERNMENTAL AGREEMENT made and entered into this Z 0 day of 3utia , 2011, by and between the Eagle River Water & Sanitation District (hereinafter referred to as the "ERW &SD "), and the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, ERW &SD desires assistance from County, to maintain its heavy equipment, and WHEREAS, County has the ability to perform maintenance on heavy equipment and has the capacity to assist ERW &SD; and WHEREAS, County and ERW &SD intend this Agreement to set forth the scope of the responsibilities of the parties and terms and conditions to govern their relationship in connection with the maintenance services. AGREEMENT NOW, THEREFORE, for good and valuable consideration and in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES: The County does hereby agree to perform general maintenance services for ERW &SD heavy equipment and preventative maintenance services at the rates set forth in the attached Exhibit A entitled Eagle County Fleet Services IGA Rate Schedule for Service — Heavy Duty Equipment. In addition, the heavy equipment to be serviced under this Agreement is identified in Exhibit B, Heavy Equipment List for ERW &SD. Said maintenance services shall be limited to those items set forth in Exhibit A unless approved in writing by the parties. -1- C I ( -a-o5 2. PERIOD OF AGREEMENT: A. The initial term of this Agreement shall commence on the first day of February, 2011 and shall end on December 31, 2011. This Agreement shall automatically be renewed and extended for an additional one -year term commencing on January 1, 2012, unless earlier terminated in accordance with the provisions of this Agreement. B. This Agreement may be terminated by either party for any reason, with or without cause, and without penalty upon thirty (30) days written notice. In the event of termination, County shall be compensated for all incurred costs and hours of work completed through the date of termination. 3. REMUNERATION: A. ERW &SD agrees to pay the County at a rate of $85.00 per hour for Mechanic's time performing general maintenance services plus the cost of all parts and /or fluids as more fully set forth in Exhibit A. Rates for other services are set forth in Exhibit A. Such rates are subject to amendment and modification by mutual agreement of the parties upon each renewal period or at a time otherwise agreed to in writing by the parties. In the event the County agrees to perform additional services to those outlined in Paragraph 1 of this Agreement or as set forth in Exhibit A, then the hourly rate shall be negotiated by the Eagle County Fleet Manger and ERW &SD and agreed to in writing prior to the County performing any additional maintenance services. B. The County shall bill ERW &SD for maintenance services provided on the first of every month. The County will provide with the monthly invoice a summary billing report for maintenance services provided. Payment by ERW &SD is due and owing to the County by the 30 of the month. Any payments made by ERW &SD to the County must be made out to the Eagle County Fleet Services. 4. INDEMNIFICATION /HOLD HARMLESS: To the extent allowed by law ERW &SD shall hold the County and its officials, boards, officers, principals and employees harmless from all losses, costs, claims, damages and liabilities, including reasonable attorney's fees and expenses for which County or any of its officials, boards, officers, principals and employees may become subject to, insofar as any such losses, costs, claims, damages or liabilities against the County arise out of this Agreement and County's maintenance service of ERW &SD vehicles. -2- 5. MISCELLANEOUS: A. ERW &SD recognizes that the County is providing a service for ERW &SD and that County vehicle repairs are the number one priority of the Eagle County Fleet Mechanics. County will make good faith efforts to schedule maintenance services of ERW &SD heavy equipment as requested by ERW &SD or within a reasonable time thereafter. B. ERW &SD will provide a work space at the Avon Sanitation Plant for County employee(s) to provide maintenance services on ERW &SD vehicles and equipment. Inside work space consists of two bays within the Avon Shop. Upon request by County, ERW &SD may provide tools and equipment on a case -by -case basis. C. All written notices shall be given by certified mail to the following address: Eagle County Fleet Services Eagle River Water & Sanitation District P. 0. Box 1705 846 Forest Road Gypsum, CO 81637 Vail, CO 81657 D. The provisions of this Agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. Notwithstanding the foregoing, financial obligations of ERW &SD and the County, respectively, payable after the current fiscal year, are contingent upon funds for the purposes set forth in this Agreement being appropriated, budgeted and otherwise made available. E. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by both parties. F. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by ERW &SD or the county other than that contained herein. G. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction; this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. - 3 - H. ERW &SD has represented to the County and, likewise, the County has represented to ERW &SD that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this agreement, this Agreement shall be considered null and void as of the date of such court determination. I. County and ERW &SD each maintain insurance and shall provide proof thereof to and if requested by the other party. J. Nothing in this Agreement shall be deemed to make either party an employee, partner or representative of the other. 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ' day of ta.—. v , 2011. THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS FABLE ATTEST: ot oo Imme i III a 'r. - B � mac .� �� . ,. _ *- � m`m Clerk oft Board of owe J ' • avney, an County Commissioners ATTEST: By: By: /Le&! Secretary Eagle River Water & Sanitation District -4- EXHIBIT A EAGLE COUNTY FLEET SERVICES IGA RATE SCHEDULE FOR SERVICE Heavy Duty Equipment Shop Rate & Other Charges for Light and Heavy Duty Equipment: Maintenance Services includes the general service of vehicles and equipment, Preventive Maintenance services, and all repair services provided. The shop rate for all mechanical repairs is $85.00 per hour plus the cost of all parts and /or fluids. Parts- current tax free cost plus 15% mark up. Outside Service will be billed at cost plus 10 %. There is a $10.00 shop fee to cover supplies on each work order. Emergency Call Outs: The shop rate for requested "emergency call outs" for mechanical repairs or service is $100.00 per hour plus the cost of parts and /or fluids. Fleet Services normal operating hours are 6:00 am — 7:00 pm Monday through Friday. On weekends and holidays one mechanic is on duty to provide limited service to county departments. Emergency call out service is offered to ERW &SD weekdays (M -F) from 7:00 pm to midnight and on weekends and EC designated holidays from 6:00 am to midnight. Paint & Body Repairs: Sheet Metal Repair $70.00 /hr. Refinish $70.00 /hr. Mechanical/ Electrical $70.00 /hr. Frame Repair $70.00/hr. Paint & Materials $30.00/hr. -s - • EXHIBIT B Heavy Equipment List Eagle River Water & Sanitation District 125 00 Sterling Dump Truck 2FZNEWDB7YAF21809 135 99 Sterling Tandem Dump Truck 2FZNNWDB4XAF06621 145 93 Ford, Lowboy Tractor 1 FDYU90X2PVA00440 150 95 Ford, Tandem Dump Truck 1 FDYU90X7SVA75806 215 09 International Large Jetting Truck 1 HTWXAHTX9J116052 265 91 Ford, Dump Truck 1 FDYW82A1 MVA21708 270 90 Ford, Dump Truck 1 FDYW82A9LVA37900 400 10 International 7600 Lowboy Tractor 1 HSWYSJT9AJ240660 405 10 WA 320 Komatzu Loader 450 00 John Deere, Skid Steer Loader No Title Required 624 90 John Deere, Loader 65A440380 710 07 John Deere, Backhoe 44V001164 777 93 JENZ, Shredder 44E250024 831 Toyota Fork Lift for WW No Title Required 832 Brown Bear, Composting Auger (24) No Title Required 834 07 Ranco End Dump Trailer 44E559946 835 93 CLE, End Dump Trailer 44E250032 837 97 Falcon, Utility Trailer 44E250019 839 91 WTC, Lowboy Trailer 44E250030 844 98 6 -in Power Prime Pump 65C440185 -6-